Impending ruling in contentious child custody battle

On behalf of David Emory of Higdon, Hardy & Zuflacht, L.L.P. posted in child custody on Thursday, October 27, 2016.

When a marriage ends, parents in Texas must often find a way to co-parent together despite their feelings toward one another. Unfortunately, some parents, for a variety of reasons, struggle to come to an agreement regarding the best interests of their children, requiring a court to make decisions for them. For example, the parents involved in an out-of-state child custody case involving two countries are now awaiting a ruling in their ongoing battle.

The couple has two daughters together. When they divorced, the father was named the primary residential parent. However, the mother requested a permit to leave the country with the children. The permit was granted, but the woman allegedly did not return after the permit experienced.

The father asked Argentina, the country where the girls were taken, to help. After several years of delays, an Argentinian court ordered the woman to return the children. Since then, they have lived primarily with their father but spend 30 percent of their time with their mother without supervision. Recent court proceedings are a result of the mother’s request to relocate with the children.

Two child experts who have observed the children claim that the move would be detrimental to them. They argue that the girls have established relationships with friends and teachers, and a move would deprive them of access to both parents. The woman claims that she left with the children because her former husband was abusive. He was once arrested for domestic abuse, but those charges were dismissed. He was later arrested for violating a restraining order when he allegedly returned to his house to retrieve his personal property; however, he claims that his ex-wife gave him permission to do so, then called the police.

Many parents are able to create a child custody plan that is agreeable to all parties. For those who are unable to do so, court intervention may become necessary. Because most people in Texas have little experience with family court, seeking the guidance of attorneys who do can help them navigate proceedings, ensuring that their voices are heard.